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8. Exclusive Bargaining Agreement

The modes of determining an exclusive bargaining agreement are:

a. voluntary recognition

b. certification election

c. consent election

Explain briefly how they differ from one another. 5%

1 comment:

Anonymous said...

VIII.

a. Voluntary recognition means the voluntary recognition of the union by the employer. It is allowed only in an enterprise being unionized for the first time and where there is only one legitimate labor organization to represent the bargaining unit.

b. Certification election serves as the official and democratic basis for the Bureau of Labor Relations to determine and name the union that shall represent the employees in bargaining with the employer.

In a non-unionized company, certification may be held anytime, except within 12 months of a previous certification election. Once a petition is filed by a legitimate labor organization, the Med-arbiter shall automatically order the conduct of a certification election.

In an organized company, certification cannot be held anytime. The petition should be filed within the 60-day freedom period and supported by the written consent of at least 25% of the employees in the bargaining unit.

c. Consent election means an election voluntarily agreed upon by the parties, with or without the intervention of the DOLE, to determine the issue of majority representation of all workers in the appropriate collective bargaining unit.